Homeless woman languishes without attorney

A woman arrested for defecating in public last week has remained in jail for eight days without an attorney assigned to help her.

By LEE WILLIAMS

A 57-year-old homeless woman arrested for defecating in public last week has remained in jail for eight days without an attorney assigned to help her, unable to secure the $120 needed for her release.

According to reports, deputies saw Laura L. Mallia defecating on the sidewalk July 23, near the northwest corner of the Judge Lynn Silvertooth Judicial Center, 2002 Ringling Boulevard.

Attorneys familiar with Mallia say she has mental health issues.

A sheriff's sergeant wrote in his report that Mallia made no attempt to "go to the bathroom in the bushes, or use a public restroom that was in walking distance."

"When the defendant saw me, she immediately stated, 'I could not hold it. I am very sorry,'" the report states. "At that point the defendant reached into her bag and removed a pink cloth and commenced in cleaning up the fecal matter."

Mallia continued to apologize and stated she did not want to go to jail again. She was arrested and taken to jail by a Sarasota Police officer.

The New York native told deputies she lives at 507 Kumquat St., the address of Sarasota's Resurrection House.

She remains in custody, and may have fallen through the cracks for a while.

The judge assigned to her first appearance, Circuit Judge Charles Roberts, did not appoint an attorney to represent her.

Judge Robert's assistant said she would check the status of the case, which prompted a call from Walt Smith, the court administrator, who said judges do not always appoint attorneys at first appearances.

"Either the defendant asks for an attorney and fills out an application, or the public defender asks to be appointed," Smith said.

"I believe this woman has some mental health issues," Smith said. "I don't know what happened in her first appearance. If they don't ask for a public defender, judges don't always appoint one.

Mallia was in court Monday on an unrelated case, he explained.

"Sometimes communications are not the best," Smith said.

Smith was not sure if Mallia had an attorney as of Tuesday afternoon.

"Probably not," he said. "But she has a public defender on another case."

Public Defender Larry Eger found out about Mallia's situation on Tuesday.

"We will go to court. We will not allow her to remain unrepresented," Eger said. "It is clear to us that there are competency issues that should be addressed."

Assistant State Attorney Jessica Vitale, the prosecutor assigned to Mallia's case, said she is "going forward at this point."

Mallia, she said, has been ordered to take a psychological evaluation, although so far she has refused to speak with the psychologist.

"If she's found incompetent to stand trial, we wouldn't necessarily drop the case. It would be continued until she regains competency," Vitale said. "Laura Mallia is arrested all the time. She picks up charges weekly."

Court records show Mallia has been arrested more than 30 times, for charges ranging from trespass and prostitution to theft, making false 911 calls and battery of a police officer.